STATE OF NEW YORK

SUPREME COURT: COUNTY OF CHAUTAUQUA

_____________________________________________

ROGER E. YOCUM

Plaintiff,

vs Index #H-11183

WALTER E. DRAG

Defendant.

_____________________________________________

MARK G. HIRSCHORN, ESQ.

Attorney for Plaintiff

MOLLY T. McBRIDE, ESQ.

Attorney for Defendant

THOMAS W. WHITE, ESQ.

Attorney for Johnson

DECISION and ORDER

GERACE, J.

Plaintiff seeks to consolidate or jointly try this

malpractice action against his former matrimonial attorney

with his action against his former wife for relief from the

written matrimonial settlement on the grounds of mutual

mistake and the alleged malpractice.

Unless there is significant prejudice to a party,

consolidation and joint trial are today preferred remedies

because they reduce calendar congestion and economize legal

and judicial effort. Slight delay is not sufficient to bar

joint trial. DAVID G. SIEGEL, NEW YORK PRACTICE, section

128.

Even if cases cannot be consolidated or jointly tried,

the Court can order parties to consolidate their disclosure

proceedings and other pretrial steps. See GENERAL ANILINE

& FILM PHOTO-MARKER CORP., 28 AD2d 990, 284 NYS2d 106 (1st

Dept).

Plaintiff did not submit copies of the pleadings nor

indicate issue has been joined.

The motion is denied, without prejudice, but, the

Court directs counsel for the parties in both actions to

submit to the Court, within 2 weeks from the date of this

order, proposed dual scheduling orders designed to

consolidate disclosure, minimize separate depositions,

discovery and pretrials.

The Court will revisit the appropriateness of joint

trial at a compliance conference before parties file notes

of issue.

THIS IS THE ORDER OF THIS COURT. NO FURTHER ORDER

SHALL BE NECESSARY.

Dated: January , 1996

Mayville, New York

_________________________________

JOSEPH GERACE

Supreme Court Justice

To all Counsel:

Please take notice that a DECISION and ORDER of

which the within is a copy, is duly granted in the above

entitled action on the day of , 1996, and

duly entered in the office of the Clerk of the County of

Chautauqua on the same date.